Terms & Conditions
Please read the following terms and conditions carefully before using any of the
services or products from Midnightcake. By using this website, you signify your
agreement to the Terms and Conditions of Midnightcake. If you do not agree to these
Terms and Conditions, do not use this site. Midnightcake may modify these Terms
and Conditions at any time without prior notice.
1.0 General Terms of Service
1.1 This site is copyright protected. All rights related to Intellectual Property
and legal matters associated with Midnightcake lies with Proton Multi Services.
1.2 Any textual or graphic material you view, copy, print, or download is provided
to you by Midnightcake for your personal, non-commercial home use only.
1.3 All trademarks and logos related to Midnightcake are owned by Proton Multi Services
and you may not copy or use them in any manner.
1.4 This site (www.Midnightcake.com) is owned, controlled and operated by Proton
Multi Services from its offices in India and service is made available by various
channel partners having presence in multiple locations.
2.0 Links to Other Web Sites
Midnightcake makes no representation whatsoever regarding the content of any other
web sites which you may access from this site. When you access a non-Midnightcake
web site, please understand that it is independent from Midnightcake and that Midnightcake
has no control over the content on that web site. A link to a non-Midnightcake web
site does not mean that Midnightcake endorses or accepts any responsibility for
the content or use of such web site.
You are solely responsible for the content of any comments you make. You agree that
no comments submitted by you to this web site will: (i) violate any right of any
third party, including copyright, trademark, privacy or other personal or proprietary
rights; (ii) be or contain slanderous or otherwise unlawful, abusive, or obscene
material or constitute the misappropriation of the trade secrets of any third party;
and (iii) criticize the products or services of any third party. You agreenot to
submit any personal information (other than your email address or user name) through
email sent to other users or messages posted on this site by you.
4.1 Midnightcake makes no warranties or representations about the accuracy or completeness
of this Site's content or the content of any site or External Sites.
4.2 Midnightcake does not filter advertisements or other content that children may
view through our sites or "hot-linked" sites, and they could receive content and
materials from the Internet and/or advertising that are inappropriate for children.
We encourage parents and guardians to spend time online with their children and
to consider using an electronic filtering software.
4.3 Midnightcake does not represent or warrant that the functions contained in the
site will be uninterrupted or error-free, that defects will be corrected, or that
this site or the server that makes the site available are free of viruses or other
harmful components. Midnightcake does not make any warranties or representations
regarding the use of the materials in this site in terms of their completeness,
correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise.
5.0 User Acknowledgement
5.1 Midnightcake does not and cannot review all communications and materials posted
to or created by users accessing the Site and are not in any manner responsible
for the content of these communications and materials. You acknowledge that by providing
you with the ability to view and distribute user generated content on the Site,
Midnightcake is merely acting as a passive channel for such distribution and is
not undertaking any obligation or liability relating to any contents or activities
on the Site. However, Midnightcake reserves the right to block or remove communications
or materials that it determines to be (a) abusive, defamatory, or obscene, (b) fraudulent,
deceptive, or misleading, (c) in violation of a copyright, trademark or; other intellectual
property right of another or (d) violates any law or regulation or (e) offensive
or otherwise unacceptable to Midnightcake at its sole discretion.
5.2 We take security very seriously. However, due to the open communication nature
of the Internet, we cannot guarantee that communications between you (‘the user’)
and Midnightcake, and Midnightcake and you (‘the user’), will be free from unauthorized
access by third parties. User/s of the Web Site should use the Web Site at their
own risk and liability.
6.0 Registration & Subscription to Free/Paid Services
6.1 All information received from you by your use of the Midnightcake site will
be used by Midnightcake without any legal liability.
6.2 On registration, you must provide Midnightcake with accurate, complete registration
information and it is your responsibility to update and maintain changes therein.
This is particularly important if you subscribe to any paid/free services or newsletters
6.3 Each registration is for a single user only. On registration, you will choose
a user name and password. Midnightcake does not permit any other person sharing
your user name and password or access through a single name and password being made
available to multiple users on a network. Midnightcake may cancel or suspend your
access to the Midnightcake site if you do this without further obligation to you.
6.4 You are responsible for all use of the Midnightcake site made by you or anyone
else using your login information and for preventing unauthorised use of your credentials.
If you believe there has been any breach of security such as the disclosure, theft
or unauthorised use of your ID or any payment information, you must notify Midnightcake
immediately by e-mailing to: email@example.com. We recommend that you do not
select an obvious user password (such as your name) and that you change it regularly
at your will.
6.5 If you provide Midnightcake with an email address that will result in any emails
or SMS messages from Midnightcake being sent to you via a computer network or telephone
operated or owned by a third party (e.g. your employer or your institution) then
you warrant that you are entitled to receive those messages. You also agree that
Midnightcake may refrain from sending messages to you without notifying you, even
if you have subscribed to receive them, if we receive a request from a third party
to stop sending emails or SMS messages to you.
7.0 Products & Services
7.1 Product Images displayed are just for the purpose of Illustration, actual Image
may/may not differ from the one shown on website. No Refund shall be entertained
in the case of complain registered against mismatch of Actual Product with the one
shown on Website, especially in the case of Cakes, Flowers and other Handmade Articles
or Perishable items. Midnightcake will try to provide Best possible Product which
resembles the one shown on Website, but that is not guaranteed neither can be obliged
for a replacement with other or same product in any circumstances. The decision
arrived by Midnightcake Team will be considered Full and Final.
7.2 Midnightcake is involved in providing value added services by delivering quality
products at multiple locations at various timings.
7.3 However we do not guarantee and commit, but still we try our level best to delivery
only 100% Vegetarian products (only if selected by the user) as far as they are
food and eatable goods.
7.4 Since we are not manufacturing the product, the actual content and ingredients
may not be known to us and/or disclosed to us by our suppliers due to privacy and
secret regarding their recipe, we do not make any commitment regarding the presence
or absence of any specific ingredient in any of the product delivered by Midnightcake
or its subsidiary services.
7.5 We do not sale any products which contains ALCOHOL or its by-products.
7.6 We believe in healthy and pollution free environment, that’s why we do not involve
in any activities which may result in damage to environment.
7.7 Although we believe in Timely Delivery, we do not make any commitment regarding
midnight deliveries to get it delivered at sharp 12:00 Midnight. There may be external
factors which affect the timing of delivery, for which we are not liable or do not
provide any refund/replacement.
7.8 For midnight delivery, the delivery can be executed between 11:30pm to 12:30am
7.9 During National Holidays and other Festivals, extra charge will be levied. Apart
from that, there is no Guarantee about the Exact Delivery Time under any circumstances.
7.10 First barrier point viz. Security cabin, Entrance Gate, Main Gate, Colony premises,
Office Main Gate, Reception area, or equivalent will be taken into consideration
for Delivery Timings.
7.11 Since we provide our services to various corners by Road Transport, it is possible
to take into consideration various factors viz. Traffic, Diversion, Road Blockage,
Police checkpoint, or similar circumstances/situations for which Midnightcake is
not liable and responsible.
7.12 In case of Force Majeure, the decision arrived by the management of Midnightcake
will be final and taken into consideration.
7.13 The services of Midnightcake are subject to availability.
7.14 For third-party deliveries, it would be sender’s liability for any kind of
issues arising due to midnight deliveries and Midnightcake does not hold any responsibility
if any discomfort arising to the third party.
8.0 Payment Terms
8.1 We at Midnightcake, provide payment flexibility to our customers/users for their
comfort and convenience.
8.2 For COD (Cash-On-Delivery) option, Midnightcake has sole rights to cancel/divert
the order. For those orders where payment is not completed up to satisfaction, Legal
prosecution will be done with supervision of concerned Advocate/Legal prosecutor.
For COD option, the user/customer has to provide a valid Mobile Number as proof
of identity, and Midnightcake may investigate your personal details as and when
necessary for Legal purpose.
8.3 We may collect your Personal Details like Residential Address, Mobile, and Office
Number before booking your order, this is for security and safety of visitors/users/clients.
8.4 We also accept online payments across the world, for which we have third party
any payments, please refer carefully all the Term & Conditions of third party payment
gateway as Midnightcake is not responsible for any Extra Charge, Hidden Cost, Taxes,
Service Charge, Facility Charge, or any associated expense levied on end user of
8.5 Midnightcake has never, does not, and will never ask for Credit Card/Debit Card/Bank
Account Details in Future, therefore before providing your details, confirm the
genuineness of source. Don’t believe in Fraud Mails asking for Bank Details. Midnightcake
is not liable to any such Fraud/Spam mail asking for fund transfer on behalf of
Midnightcake. If you experience/find any such fraud, please inform us at: firstname.lastname@example.org
with complete details.
8.6 Payment once made will not be refunded under any circumstances, unless derived
to the decision by Midnightcake officials.
8.7 We do not book orders with Credits. 100% Payment should be made in Advance.
9.0 Refund Policy
9.1 Refund will not be entertained under below circumstances: 1. Wrong Receiver’s
Name or Address provided by Sender 2. The place of delivery is Locked/Not Available
3. The Residence/Office is shifted to new location 4. Receiver refuses to accept
the product 5. No responses from concerned receiver after 2 attempts (In case of
Midnight Deliveries, if door is not opened or mobile unanswered after 2 attempts)
6. Wrong product is selected by sender/user. 7. Wrong date of delivery is provided
by the sender/user. 8. False credential or information provided by user.
9.2 To obtain the refund, the user needs to report the complaint within 24 hours of delivery.
After 24 hours of delivery, the product shall be considered as accepted as it was delivered.
No refund request shall be generated after 24 hours of delivery under any circumstances.
To avail the refund the receiver needs to return the product received as it is without consumption.
It is recommended to take the photos of product at the time of delivery.
9.3 If you are not satisfied either with our service or product, write us to: email@example.com
and firstname.lastname@example.org with complete details of your order and associated
information (including the photographs of actual products delivered). If it is found
authentic as per company’s refund policy, Midnightcake will provide part/full refund
accordingly. For refund cases, your order details and personal information may be
scrutinized without prior intimation.
9.4 Bank Transaction Charges (the charges which are charged by Bank for supporting
Online Payment) and Payment Gateway Charges (the charges which are levied by Online
Payment Platform/Service Provider like PayPal (for International Payments), PayU
(for Indian Payments)) shall be deducted from the Refund Amount. We do not Store
your Credit Card details on the servers of Midnightcake.com, hence we cannot deposit
or revert the Refund amount directly in your Credit Card / Debit Card. The Only
Way, a User can get Refund Amount credited in the Bank Account is via Cheque which
will be issued from Head Office in Ahmedabad. There shall be no Interest paid on
the Amount which remains in the account of Proton Multi Services for the duration
between Order Placing and Refund. The duration of clearance of Cheque is not decided
by Proton Multi Services, hence it differs from Bank to Bank and case to case.
9.5 Midnightcake Team is Passionate and Dedicated to Satisfy every users expectations
in making their Celebration Memorable. But Satisfaction cannot be measured in units,
hence there is no gurantee about the Amount that shall be refunded in case of Dissatisfaction,
although Midnightcake Team, will try its level best to satisfy every users' desire
by Refund or Partial Refund or Complementary Delivery or any one or all of them.
10.0 Corporate Clients
10.1 For corporate clients of Midnightcake, the Terms & Conditions, in addition
to above, will be enlisted in the respective agreement/quotation which may differ
from standard Terms & Conditions. Those Term & Conditions which are separately provided
by Midnightcake will hold stand in case of concurrency with Standard Terms & Conditions.
10.2 The rates which are provided to Corporate Clients may differ with case to case.
Those rates cannot be compared and challenged with the rates provided on-site, as
there are various factors which are taken into consideration for Costing and Pricing.
10.3 For Corporate Accounts, first the Registration of Company is mandatory, without
which it is not eligible for corporate packages.
11.0 Phone Booking
11.1 For booking the orders on Phone, it is mandatory to provide a valid Mobile
Number without which the order will not be booked. In case of false Mobile Numbers,
Midnightcake holds the rights to cancel/dismiss the order without prior notification
11.2 For Client’s safety and comfort, we may store existing callers as well as future
callers without intimation to the caller.
11.3 Phone booking is valid only for those orders booked via 24 X 7 Helpline: +91-7878113113.
11.4 Helpline Number 7878113113 is an Intellectual Property of Midnightcake, which
has its own identity and brand value. It should not be used for domestic/commercial
use to represent any other individual, product, brand, company or institution.
12.0 Animation and Audio Signature Tune
We believe in Originality and hate Piracy. Midnightcake has its own Audio Jingle
/ Signature Tune, Animation, Advertisement, Video Clip, Audio Clip, which holds
copyrights and all other rights reserved. Broadcasting, Duplication and utilization
of any of such Intellectual property for personal/commercial use will result into
legal offence and legal prosecution will be followed.
This Agreement is effective unless and until terminated by either you or Midnightcake.
You may terminate this Agreement at any time by no longer using this web site, provided
that all prior uses of this web site shall be governed by this Agreement. Midnightcake
may terminate this Agreement at any time and without notice, and accordingly deny
you access to this web site, in Midnightcake's sole discretion for any reason, including
your failure to comply with any term or provision of this Agreement. Upon any termination
of this Agreement by either you or Midnightcake, you must promptly destroy all materials
downloaded or otherwise obtained from this web site, as well as all copies of such
materials, whether made under the terms of this Agreement or otherwise.
14.0 PayUMoney Offer Terms and Conditions
14.1 Customers will receive a cashback @ 10% of the value of transaction amount
subject to a maximum of Rs. 100/- (“Cashback Amount”) in their PayUmoney Wallet
issued by RBL (“PayUmoney Wallet”) upon making a payment at (“Midnightcake”) through
their PayUmoney Account ("Offer"). The Offer can be availed only when payments are
made by the Customer through PayUmoney payment option.
14.2 In order to avail the cashback, the customer must be registered as a Walletholder.
14.3 The Offer can be availed only once by one Walletholder. The Cashback Amount
will be received in the Walletholder’s PayUmoney Wallet, minimum after 24 hours
of the Transaction.
14.4 The Offer will be valid from 2nd September, 2015 (11:00:00 hours) to 15th September,
2015 (23:59:59 hours).
14.5 The Cashback Amount received in the PayUmoney Wallet can be used by the customers
on all websites where the PayUmoney Wallet is available as a payment option.
14.6 In the event of a full or partial refund, the proportionate cashback shall
be deducted from the customers PayUmoney Wallet account. In case the customers PayUmoney
Wallet has zero balance then the account shall be in negative and will be adjusted
as soon as the cashback or refund is deposited in the customers PayUmoney Wallet
14.7 This Offer cannot be clubbed with any other offer/promotion being run by PayUmoney.
14.8 PayUmoney does not warrant or guarantee availability, merchantability, quality,
fitness etc., of any product or service offered by Midnightcake.
14.9 PayUmoney reserves the right to, at any stage and at its discretion, modify/change
or alter the Offer. PayUmoney also reserves the right to modify/change all or any
of the terms applicable to the Offer and to discontinue the Offer without assigning
any reasons or without any prior intimation whatsoever.
14.10 PayUmoney reserves the right to disqualify any customer from the benefits
of the Offer, in case of any fraudulent activity/suspicious transactions or misuse
of the Offer in any way.
14.11 Any disputes will be subject to the exclusive jurisdiction of the competent
courts of New Delhi.
14.12 In all matters relating to the Offer, PayUmoney’s decision will be final.
14.13 In addition to the above, the Offer is also subject to PayUmoney Wallet general
terms & conditions available on www.payumoney.com.
14.14 All capitalized terms used but not defined herein shall have the respective
meanings ascribed to them in the PayUmoney Wallet User Terms and Conditions.
14.15 Terms & Conditions of Midnightcake shall also apply.